Kluwer Copyright Blog

DECEMBER 4, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms.

Blogging 63

Blogging Law IP Copyright 63

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. February is finally here, Mercury retrograde is over and we can finally breathe lightly!

Blogging 78

Blogging IP Designs Design 78

LexBlog IP

JANUARY 3, 2024

So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

The IPKat

AUGUST 29, 2021

This Kat is just hanging out While the summer winds down, why not while away the hours with news and views from around the IP blogs? Copyright The Kluwer Copyright Blog gave an update on EU copyright law developments for the second trimester of 2021, including insights into the cases and referrals coming up soon.

Blogging 67

Blogging IP Intellectual Property Editing 67

Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. How would a logo help get your design patent application allowed?

Design Patent 52

Design Patent Designs Design Patent Application 52

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A broader patent gives the owner greater rights to stop the competition from copying the patented design.

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Design patents, however, are typically three-dimensional.

Design Patent 52

Design Patent Designs Design Trademark 52

The IPKat

JULY 4, 2021

Join me for a walk around the blogs. Patents The German Bundestag has adopted amendments to the German Patent Act. Kluwer Patent Blog reported on the changes. The UK IPO refused the application because Tefal had not shown that it was inherently distinctive, nor had it acquired distinctiveness through use.

Blogging 85

Blogging IP Designs Design 85

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

Design Patent 81

Design Patent Designs Design Patent 81

LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. Design patent filings in the U.S.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

MAY 16, 2024

With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product. Add a Rocket Docket request to speed up the examination of your application and get your design patent possibly granted within one year. Should you do a novelty patent search?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. In some cases, it may make sense to file both design and utility patent applications.

Patent Application 52

Patent Application Patent Invention Designs 52

Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea? 2D or 3D design, or both?

Designs 52

Designs Design Design Patent Patent 52

Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g.,

Patent Application 52

Patent Application Patent Government IP 52

Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Is a functional product disqualified from design patent protection?

Design Patent 52

Design Patent Designs Design Graphic Design 52

Patent Trademark Blog

MAY 18, 2022

Can you file a late foreign patent application based on Paris Convention? We’ve talked about filing late PCT and national stage applications. But, what if you are thinking about filing a direct foreign patent application claiming priority to a US priority application? Let’s look another scenario.

Patent Application 52

Patent Application Patent Trademark Blogging 52

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

Patent Application 64

Patent Application Designs Design Invention 64

Patent Trademark Blog

MARCH 24, 2022

The word “protect” is curious in the context of IP. If you think of IP as an asset, then it makes sense. Along those lines, the concept of protecting your IP would have a similar meaning of stopping others from taking or using your intangible assets. Consider whether you want to apply for a word mark or design mark.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

FEBRUARY 22, 2022

What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant.

Patent Application 52

Patent Application Cease and Desist Patent Patent Infringement 52

Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

JANUARY 18, 2023

If you are thinking of patenting software, it is critical to have your utility nonprovisional patent application drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patent application.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

Patent Trademark Blog

MAY 9, 2024

Contact US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to see how we can help you sell your product safely. Are you looking at a design patent or utility patent? At the outset, figure out if you are dealing with a design or utility patent, or both.

Patent Infringement 52

Patent Infringement Design Patent Patent Designs 52

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

Patent Application 53

Patent Application Editing Patent Design Patent 53

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

Patent Application 69

Patent Application Invention Designs Design 69

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications.

Design Patent 40

Design Patent Designs Design Patent Application 40

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

Design Patent 60

Design Patent Designs Design Patent 60

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

Patent Trademark Blog

FEBRUARY 9, 2023

Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents. Do-It-Yourself (DIY) a wise option?

Patent 98

Patent Patent Application Design Patent Designs 98

Patent Trademark Blog

OCTOBER 24, 2023

How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. Need to speed up your utility patent application? That way, you are still eligible for the first-time patent petition.

Patent Application 52

Patent Application Design Patent Designs Design 52

Patent Trademark Blog

OCTOBER 24, 2023

How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. Need to speed up your utility patent application? That way, you are still eligible for the first-time patent petition.

Patent Application 52

Patent Application Design Patent Designs Design 52

Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for not filing a patent? Will the innovation work?

Patent Application 40

Patent Application Patent Design Patent IP 40